SENATE BILL NO. 1065

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]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1065
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO INJURY TO CHILDREN; AMENDING SECTION 18-1501, IDAHO CODE, TO
3 DEFINE THE TERM "WILLFULLY" AND TO MAKE A TECHNICAL CORRECTION; AND
4 DECLARING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-1501, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-1501. INJURY TO CHILDREN. (1) Any person who, under circumstances or
9 conditions likely to produce great bodily harm or death, willfully causes or
10 permits any child to suffer, or inflicts thereon unjustifiable physical pain
11 or mental suffering, or having the care or custody of any child, willfully
12 causes or permits the person or health of such child to be injured, or will-
13 fully causes or permits such child to be placed in such situation that its
14 person or health is endangered, is punishable by imprisonment in the county
15 jail not exceeding one (1) year, or in the state prison for not less than one
16 (1) year nor more than ten (10) years.
17 (2) Any person who, under circumstances or conditions other than those
18 likely to produce great bodily harm or death, willfully causes or permits any
19 child to suffer, or inflicts thereon unjustifiable physical pain or mental
20 suffering, or having the care or custody of any child, willfully causes or
21 permits the person or health of such child to be injured, or willfully causes
22 or permits such child to be placed in such situation that its person or health
23 may be endangered, is guilty of a misdemeanor.
24 (3) A person over the age of eighteen (18) years commits the crime of
25 injury to a child if the person transports a minor in a motor vehicle or ves-
26 sel as defined in section 67-7003, Idaho Code, while under the influence of
27 alcohol, intoxicating liquor, a controlled substance, or any combination
28 thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person
29 convicted of violating this subsection is guilty of a misdemeanor. If a child
30 suffers bodily injury or death due to a violation of this subsection, the
31 violation will constitute a felony punishable by imprisonment for not more
32 than ten (10) years, unless a more severe penalty is otherwise prescribed by
33 law.
34 (4) The practice of a parent or guardian who chooses for his child treat-
35 ment by prayer or spiritual means alone shall not for that reason alone be
36 construed to have violated the duty of care to such child.
37 (5) As used in this section, "willfully" means acting or failing to act
38 where a reasonable person would know the act or failure to act is likely to
39 result in injury or harm or is likely to endanger the person, health, safety
40 or well-being of the child.
41 SECTION 2. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
2
1 passage and approval.

STATEMENT OF PURPOSE
RS 14688
The purpose of this legislation is to amend Idaho's Injury to Children
statute, I.C. 18-1501, to clarify that the mental state necessary for a
conviction is one of "general intent". For purposes of this statute, the
amendment defines willfully in a manner that is consistent with the current
language and purpose of the Injury to Children code section.
This amendment is necessary in light of recent Idaho Appellate Court decisions
requiring prosecutors to establish a higher burden proof on the mental state
element for a prosecution pursuant to the Injury to Children statute. This
higher burden of proof was never intended by the Legislature.
This amendment is intended to clarify that a conviction for Injury to Children
does not require a higher level of proof than that which is required for
injuring any other person by virtue of a Battery, I.C. 18-903, or Aggravated
Battery, I.C. 18-907, which require proof of "general intent".
The Supreme Court of Idaho's decision in State v. Young, 138 Idaho 370, 64
P.3d 296 (2002), requires the state to prove "specific intent" which requires
a showing that not only a person acted or failed to act but also that the act
or failure to act was done with knowledge that it would cause unnecessary
suffering or unjustifiable physical pain. As opposed to a general intent
requirement of proof that an act or failure to act was "unjustified",
"willful" or purposeful and committed "under circumstances or conditions
likely to produce great bodily harm or death" as was intended by the
Legislature.
The Court of Appeal's also applied this ruling to the "endangerment" clause of
I.C. 18-1501 in State v. Halbesleben, 139 Idaho 165, 75 P.3d 219 (Ct. App.
2003). This decision requires the state to prove a person willfully or
purposefully placed a child in a particular situation and that the defendant
knew the situation into which the child was placed would endanger the person
or health of the child.
This amendment clarifies that the intent requirement for Injury to Children is
general intent consistent with that required for proving battery or other
similar offenses.
The proposed legislation also includes an emergency clause.
FISCAL NOTE
The fiscal impact is neutral.
Contact
Name: Heather Reilly, Ada County Prosecuting Attorney's Office
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1065